Haryana Canal and Drainage Act, 1974, Section 55, Civil Procedure Code, 1908, Section 11 -- Resjudicata - Decision of Authorities under the Act, Quasi Judicial in Nature - Principle of Resjudicata Applicable...........
Haryana Canal and Drainage Act, 1974, Section 17(1), 20 -- Appeal - Dismissal of application by Divisional Canal Officer for shifting of outlet - Appeal did lie before the Chief Canal Officer against the decision of Superintending Canal Officer...........
Haryana Canal and Drainage Act, 1974, Section 24, 2(12), 2 -- Restoration of dismantled watercourse - Merely because water outlet/naka in existence and there were some remains of dismantled watercourse - Does not entitle to get watercourse restored unless and until Authorities arrive at the conclusion with regard to dismantled water-course, whether it was a sanctioned..........
Constitution of India, 1950, Article 226 -- Challenge to order under Northern India Canal and Drainage Act restoring watercourse - Finding recorded by Canal Authorities that watercourse was existing, same being used for last so many years and illegally demolished - No infirmity or illegality in the order restoring watercourse - Interference in writ declined - Northern..........
Northern India Canal and Drainage Act, 1873, Section 3(2), 30FF -- Act deals with both authorised and unauthorised watercourses...........
Haryana Canal and Drainage Act, 1974, Section 20(2) -- Speaking order - Necessary - Reasons for decision should be stated - Natural Justice, speaking order...........
Northern India Canal and Drainage Act, 1873, Section 30FF -- Restoration of demolished watercourse - Divisional Canal Officer on report of Ziledar after enquiry, issued notices to concerned share-holders, after hearing them recorded their statements and after spot inspection ordered restoration - Superintending Canal Officer set aside order of restoration merely because a..........
Northern India Canal and Drainage Act, 1873, Section 30FF -- Demolition within a few months of watercourse sanctioned temporarily for a period of one year - This could not be done - Divisional Canal Officer ordered restoration of demolished watercourse - Superintending Canal Officer in error in setting aside order of restoration - Order of S.C.O. set aside and that of..........
Constitution of India, 1950, Article 226 -- Challenge to orders of Divisional Canal Officer and Superintending Canal Officer by which Scheme sanctioned for extension and enlargement of existing Minor and construction of new Minor under Northern India Canal and Drainage Act on the ground that it would adversely affect Government Exchequer as lot of money (about 40 lacs)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction in a suit for declaration that orders for restoration of Khal for two crops of Sub Divisional Canal Officer and Divisional Canal Officer illegal, null, void and without jurisdiction - Orders passed after Sub Divisional Canal Officer visited the spot and verified the averments and relief granted for two..........
